§ 5. Royalty. The county assessor of the county shall, after examination and approval by him and the state controller of such statement, proceed to collect from such person, firm or corporation a royalty of twenty-five cents for each ton of two thousand pounds of mineral taken from such water or land by such person, firm or corporation and sold during the preceding year, in the manner provided for the collection of personal property taxes; provided, that the royalty on sodium bicarbonate and on sodium hydrate so taken shall be fifty (50) cents for each ton of two thousand pounds. § 6. Application to lease lands. Any person, firm or corporation desiring to lease any lands under this act must make application therefor to the surveyor-general of the state, describing the lands sought to be leased by legal subdivisions, or, if the legal subdivisions are unknown to the applicant, by metes and bounds. The application must be accompanied by a filing fee of ten dollars. §7. Survey of lands. Upon the receipt of such application, the surveyor-general shall direct the county surveyor of the county in which such lands are situated to survey the land sought to be leased. The county surveyor shall make an actual survey of the land, at the expense of the applicant, establishing the four corners to each quarter section, and connecting the same with a United States survey; and within thirty days file with the surveyor-general a copy, under oath, of his field-notes and plat. If the county surveyor fails to make the survey as herein provided, the surveyor-general shall immediately direct another person to make the survey at the expense of the applicant, and said survey shall be made and completed within thirty days after the authorization, and the field-notes and plats, or copies thereof, shall be sworn to by the surveyor making them and shall be filed with the surveyor-general. § 8. Approval or rejection of application. All applications to lease land under this act shall be approved or rejected by the surveyorgeneral within ninety days after the receipt thereof. Immediately after the approval of the application, the surveyor-general shall execute and deliver to the applicant a lease of the lands described in the application. § 9. Rental. The lands designated in this act shall be leased at the rate of two dollars and fifty cents per acre, per year, payable yearly in advance. All moneys received as rental for such lands and as royalty upon the mineral product of the waters of the lakes, streams or lands above mentioned, shall be paid into the state school land fund. § 10. First payment. Limit of lease. Whenever any lease is delivered to the applicant by the surveyor-general, the lessee shall, within fifteen days thereafter, present said lease to the treasurer of the state of California, and make payment of the first annual rental. The treasurer shall receive the money and give a receipt therefor. All subsequent annual payments of rental must be paid to the state treasurer, in like manner, within fifteen days after they become due. In case payments are not made as herein provided, the lease and all rights thereunder shall cease and terminate. No lease shall run for more than twenty-five years; provided, that upon the expiration of any lease, such lease may be extended for a period of twenty-five 1842 MINES AND years upon such terms and conditio by law. § 11. Reservations to state. All le of this act shall contain a reservati locate rights of way across such lea requirements that the rights of way as to cause the least injury to the same may be located, and that any of such lands shall be compensated whose benefit the right of way is requ be subject to, and shall contain a r eity and county or incorporated city time appropriate and take, under the the appropriation of waters, water fro to or discharging into any stream or in section 1 of this act for any use powers of such city and county, or in § 12. Lease to rights of way. Lea eeeding one hundred feet in width, for designated by this act, may be app manner herein provided for leasing la be leased at an annual rental of two and the same shall be paid as herein § 13. Termination of lease. All lea for by this act shall cease and termi year if the lessee or assigns has not, tracted or removed from such land an equal, in the aggregate, to a minimum leased; provided, that when a lease until after the fifteenth day of Janu tonnage for such year shall be less th proportional to the number of days the completion of the works. §14. Powers of surveyor-general. authorized to prepare, make, execute ments and documents, and to do an carry out the provisions of this act. § 15. Legislature may change royal the right to change, from time to time, extracted and the annual rental per shall apply to all persons, firms or c under; provided, that no lease given to any change, as to the royalty or re subsequent to the execution of such l the passage of this act. §16. Abandonment of lease. Any and surrender a lease at the expira filing with the county assessor of th the lands described in said lease, and the state controller, notices of s years upon such terms and conditions as may then be prescribed by law. § 11. Reservations to state. All leases made under the authority of this act shall contain a reservation to the state of a right to locate rights of way across such leased lands, subject only to the requirements that the rights of way shall be located in such manner as to cause the least injury to the leased lands across which the same may be located, and that any damage suffered by the lessee of such lands shall be compensated by the lessee of the lands for whose benefit the right of way is required; and every such lease shall be subject to, and shall contain a reservation of, the right of any city and county or incorporated city or town of this state to at any time appropriate and take, under the laws of this state relative to the appropriation of waters, water from any stream or lake tributary to or discharging into any stream or lake of the character mentioned in section 1 of this act for any use or uses within the authorized powers of such city and county, or incorporated city or town. § 12. Lease to rights of way. Leases of rights of way, not exceeding one hundred feet in width, for access to any waters or lands designated by this act, may be applied for and granted in the manner herein provided for leasing lands. Such rights of way shall be leased at an annual rental of two dollars and fifty cents an acre, and the same shall be paid as herein provided for leased lands. § 13. Termination of lease. All leases of mineral lands provided for by this act shall cease and terminate on December 31st of any year if the lessee or assigns has not, during the year preceding, extracted or removed from such land and water an amount of mineral equal, in the aggregate, to a minimum of five tons per acre of land leased; provided, that when a lease is not delivered to the lessee until after the fifteenth day of January of any year, the minimum tonnage for such year shall be less than five (5) tons, and shall be proportional to the number of days remaining in such year after the completion of the works. § 14. Powers of surveyor-general. The surveyor-general is hereby authorized to prepare, make, execute and deliver all papers, instruments and documents, and to do any and all things necessary to carry out the provisions of this act. § 15. Legislature may change royalty. The legislature shall have the right to change, from time to time, the royalty per ton of minerals extracted and the annual rental per acre of land, and such change shall apply to all persons, firms or corporations holding leases hereunder; provided, that no lease given under this act shall be subject to any change, as to the royalty or rental provided for in said lease, subsequent to the execution of such lease until after ten years from the passage of this act. § 16. Abandonment of lease. Any lessee hereunder may abandon and surrender a lease at the expiration of any calendar year by filing with the county assessor of the county in which is situated the lands described in said lease, and with the surveyor-general and the state controller, notices of said abandonment or surrender; but said notices must be filed at least sixty days before the expiration of said calendar year; and said abandonment and surrender shall not absolve the said lessee from the payment of any royalty which may be due at the end of said fiscal year for minerals extracted from the waters or lands in this act specified. § 17. Act takes effect when. This act shall take effect immediately. АСТ 4936. An act to accept the provisions and benefits of an act passed by the senate and the house of representatives of the United States congress assembled and approved February 25, 1920, entitled “An act to promote the mining of coal, phosphate, oil, oil shale, gas and sodium on the public domain" and setting aside the funds received by the state under the provisions of said act of congress. [Approved May 27, 1921. Stats. 1921, p. 714. In effect July 29, 1921.] This act provided for the assent by the state to the federal oil leasing bill and provided that the moneys arising from the bonuses and rentals under the act should be credited to the junior college fund. ACT 4937. An act providing for the establishment and maintenance of a telephone system in mines and prescribing a penalty for the violation thereof. [Approved June 13, 1913. Stats. 1913, p. 782.] § 1. Telephone systems in mines over five hundred feet deep. § 2. Penalty. § 1. Telephone systems in mines over five hundred feet deep. In all mines operated and worked in this state where a depth of more than five hundred feet underground has been reached, a telephone system must be established, equipped and maintained by the owners or lessees thereof with stations at each working level below the depth aforesaid, communicating with a station thereof on the surface of any such mine. § 2. Penalty. The failure or refusal of any owner or lessee to install or maintain such telephone system shall be deemed guilty of misdemeanor and punished accordingly. ACT 4947. TITLE 365. MINING CORPORATIONS. Supplemental to act for formation of corporations. [Stats. 1857, p. 121.] This act related to corporations formed for the purpose of ditching, mining, or conveying water for mining. ACT 4948. In reference to corporations organized to mine outside of the state. [Stats. 1861, p. 41.] "Doubtless repealed by § 288, Civil Code, except as to pre-existing corporations."-Code Commissioners' Note. ACT 4949. To authorize corporations organized in th ing in or without this state, to e agencies in other states. [Stats. 186 Superseded by Civil Code, §§ 586, 587 ACT 4950. Authorizing mining corporations to cl [Stats. 1863-64, Superseded by 321a, Civil Code, en ACT 4951. Authorizing mining companies of Auror of business to California. [S ACT 4952. Mining corporations, protection of st p. 866. Amended 1880, p. 134; 1897, p. 38. Codified by §§ 588-590, of Civil Code It provided that the books were ope monthly accounts, and gave a right to Portion of amendatory act of 189 Tautphaus, 127 Cal. 605). Remaini §§ 588, 589, 590, as adopted in 1905." АСТ 4953, Further protection of stockholders in p. 13 Amended 1897, p. 96. Repealed 190 This act related to the sale, lease, o "Unconstitutional as to §3 (Kraus Lacy v. Gunn, 144 Cal. 511."-Code C ACT 4949. To authorize corporations organized in this state for the purpose of mining in or without this state, to establish and maintain transfer agencies in other states. [Stats. 1863-64, p. 429.] Superseded by Civil Code, §§ 586, 587. ACT 4950. Authorizing mining corporations to change their place of business. [Stats. 1863-64, p. 76.] Superseded by § 321a, Civil Code, enacted 1875–76. ACT 4951. Authorizing mining companies of Aurora, Nevada, to remove their place of business to California. [Stats. 1863-64, p. 109.] ACT 4952. Mining corporations, protection of stockholders in. [Stats. 1873–74, p. 866.] Amended 1880, p. 134; 1897, p. 38. Codified by §§ 588-590, of Civil Code, 1905. It provided that the books were open to inspection, for the posting of monthly accounts, and gave a right to inspect the grounds. "Portion of amendatory act of 1897 is unconstitutional (Johnston v. Tautphaus, 127 Cal. 605). Remaining portion codified in Civil Code, §§ 588, 589, 590, as adopted in 1905."-Code Commissioners' Note. ACT 4953. Further protection of stockholders in mining corporations. [Stats. 1880, p. 131.] Amended 1897, p. 96. Repealed 1905, p. 74. This act related to the sale, lease, or mortgage of mines. "Unconstitutional as to § 3 (Krause v. Durbrow, 127 Cal. 681). See Lacy v. Gunn, 144 Cal. 511."-Code Commissioner's Note. ACT 4954. Concerning corporations, supplementing act of April 22, 1850. [Stats. 1871-72, p. 443.] Amended 1875-76, p. 730. Unconstitutional: Chollar etc. Co. v. Wilson, 66 Cal. 374. This act provided for the removal of officers of mining corporations. TITLE 366. MISSING PERSONS. ACT 4964. An act authorizing the appointment of trustees for the estates of missing persons, and defining the duties of such trustees. [Approved March 23, 1893. Stats. 1893, p. 218.] Codified by §§ 1822-1822b of Code of Civil Procedure. TITLE 367. MOBS. АСТ 4974. To provide for the compensation of parties whose property may be destroyed by mobs or riots. [Stats. 1867-68, p. 418.] Superseded by Political Code, §§ 4452-4457. This act provided that cities or counties should be liable for injury through mobs or riots. ACT 4984. ACT 4985. TITLE 368. MODESTO. Charter of Modesto. [Stats. 1911, p. 1493.] C. F. Leavenworth and his assigns, granting right to supply town of Modesto with water. [Stats. 1875-76, .p. 41.] ACT 4995. TITLE 369. MODOC COUNTY. Creating. [Stats. 1873-74, p. 124.] Supplemented 1873-74, p. 517. Section 4 of last-named act repealed as to Adin township, 1877-78, p. 111. АСТ 4996. Semi-annual payment of interest and principal on bonds issued to Siskiyou County. [Stats. 1875-76, p. 649.] ACT 4997. Lawful and partition fences in. [Stats. 1873-74, p. 362.] Amended 1875-76, p. 71. ACT 4998. Fees and salaries of officers of. [Stats. 1877-78, p. 140.] Amended 1877-78, p. 454. Repealed by County Government Act, 1897, p. 566, § 208, as to salaries; and as to fees by the fee bill of 1895, p. 267, as to the officers therein named. See Acts 1864 and 2502. ACT 4999. Herding of sheep, restriction of. [Stats. 1877–78, p. 241.] ACT 5000. Treasurer of county, bond of. [Stats. 1875-76, p. 154.] Repealed by County Government Act, 1897, p. 475, § 66. See ante, Act 1864. Act 1864. АСТ 5045. To provide for additional judge Repealed 1883, p. 62. This act increased the number of jud 1846 |